Los Angeles daily herald., 1887-03-31
PROCLAMATION |!
STA-E OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO, Mai ch Is, 1857.

SACRAMENTO, March Is, 1877
WHEREAS, the Legislature OF the State OF
California, at its twenty-sevenths session. be-
ginning on the third day of January. A. D.
eighteen hundred and eighty-seven, two
thirds Of all the members elected to each OF
the two Houses of said Legislature voting in
favor thereof, proposed the following de-
scribed amendments to the Constitution Of
the State of California, to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State. relative to the Judiciary Depart
ment.
Resolved, That the Legislature of the State
mencing on the third day OF January, A. d.
eighteen hundred and eighty seven, two
thirds of all the members elected to each of
the Houses of said Legislature vo ing in ia
two and three of article vi. of the Constitu-
tion of said Sta.e be amended to read as
follows:
Section q The Supreme Court shall CO n
sist of seven Justices. The Associate Jus
time of the adoption of this amendment to
the Constitution are hereby continued in
Office as Justices OF the Supreme Court for
the remainder of the terms to which they
were respectively, elected. The Justices
shall elect one of their number to be Chief
Justice, and he shall hold the office of Chief
Justice of said court for q term of two
years At the expiration Of the term of the
Chief Justice first elected, and every two
years thereafter the Justices shall elect a
Chief Justsce for like term of two years.
An entry of the election of such Chief JUS
tice shall be made in the minutes OF the
court and signed by four Justices. When
ever thereafter vacancy occurs in the OF.
be had to iii such office for the unexpired
term. The Supreme Court may sit in de-
partments or in bank. and shall always be
open for the transaction OF business There
shall be two departments, denominated, re
Two. The Chief Justice shall assign three
of the Justices to each department, and
such assignment may be changed bv him
from time to time. The Justices shall be
competent to sit in either department., and
may interchange with each other by agree.
ment among themselves or as ordered by
the Chief Justice. Each of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court in bank. The
presence of three Justices shall be necessary
to transact any business in either of the de-
partments except such as may he done at
chambers, and the concurrence OF two Jus
tlCeS Bndll De utCteodTy W pTOuOuuCc d
Judgment The ChiefJustice shall apporlion
the business to the departments and m y,
in his discretion, order any cause pending
before the Court to be heard ana decided by
the Court in bank. The order may be made
before or after judgment pronounced by a
department; but where cause has been al
lotted to one of the departments, and judg-
ment pronounced thereon, the order mus
be made within thirty days after such jndg-
menta and concurred in by twoJ Justices, and If
a., hall hov fhaa fFao ff,r nat nd
set aside the judgment. Any four Justices
may, either before or after judgment by a
department. order case TO be heard In
bank. If the order be not made wit in the
time above limited. the judgment shall be
final. No judgment bya department shall
become final until the expiration of the
period of thirty DAYS aforesaid, unless ap-
proved by the Chief Justice. ia writing,
with the concurrence of two Justices. The
Chief Justice may convene the Court in
bank at any time. and shall be the presiding
Justice of the Court when so convened. The
concurrence OF tour Justices present at the
argument shall be necessary to pronounce a
judgment in bank; but IL four Justices, so
present, do not concur in judgment, then
all the Justices qualified to sit in the cause
shall hear the argument; but to render q
judgment concurrence OF four Judges
shall be necessary. In the determination
bank, or in departments, shall be given
in writing and the grounds of the decision
shall be stated. The Chief Justice may sit
in either department., and shall preside
when SO sitting, but the Justices assigned
to each department shall select one OF their
number as presiding Justice. In case Of
the absence of the Chief Justice from the
ploce at which the court is held, or his ina.
bility to act, the Associate Justices shall Sc
lect one of the own number TO perform
the duties and exercise the powers of the
Chief Justice during such absence or Ina
bility to act. The Supreme Court Commits
sion, created by the act of the Legislature,
approved March twelfth, eighteen hundred
preme Court Commission for four years af.
ter the adoption of this amendment. Said
commission may be continued for such
time thereaft as may be fixed by an act
passed by vote of twothirds OF the elected
members of each House OF the Legislature.
and approved by the Governor. The men,
bers thereof and Secretary shall be ap-
pointed as in said act provided; and such
commissioners shall be subject TO removal
in like manner as the Judges OF the Su-
preme Court. Said commission shall have
the same power to hear and determine
causes possessed by a department of the
Supreme Court, and causes may be assigned
to the commission In the same manner they
are assigned to a department., and after de-
cision they may be ordered heard in bank
In the same way, and with like restrictions
as ii decid ed in department. The judg..
nents Of the commission shall be entered
rs the judgments OF the court. The COM
mission shall sit at such times and places as
nay be designated by the court, but such
shall not exercise any
Judicial functions except when assem-
bled as. commission. and then they
hall only have power to hear and deter |
mine such causes AZ may have been assigned
10 them.
Section g.. The Justices Of the Supreme
Court shall be elected by the qualified
electors Of the State q large, atthe general
State electIonsc and the times and plaoes ct |
which state ofloeru are elected; and the
term Of ofAoe shall be tweive years from